Solicitor agrees not to practice pending disciplinary inquiry

A Co Roscommon solicitor has agreed before the High Court to a range of orders, including not to practice as a solicitor, pending the outcome of an inquiry by the Solicitors Disciplinary Tribunal.

Declan O’Callaghan will also pay €350,000 from his personal funds by September 10th to the client account of the firm where he was a partner, Kilraine O’Callaghan Solicitors, Pound Street, Ballaghderreen, Co Roscommon, and will cease his involvement with that firm.

He has also undertaken to make good any additional deficit that may occur after various identified client files are finalised, the court heard.

The president of the High Court, Mr Justice Peter Kelly, made the various orders on Monday on consent of Mr O'Callaghan and the Law Society. The judge was satisfied the orders addressed concerns about the protection of clients and the public pending the inquiry.

The Law Society had initiated an application for suspension of Mr O’Callaghan arising from concerns raised in an independent solicitor’s report, including his having withdrawn substantial fees from the estate of a bereaved child. The application has been adjourned a number of times to facilitate exchange of documents and discussions between the sides.

The court was previously told Mr O’Callaghan has reimbursed some €344,000 fees, including VAT, withdrawn by him from the child’s estate, which he has accepted were excessive. They remain lodged in a controlled account pending further court order.

On Monday, the judge heard further monies have been realised for the child’s estate from assets outside the jurisdiction, with the effect it now has assets of more than €736,000.

Widowed client

Earlier this month, Mr O’Callaghan was given time to provide a full explanation for his deduction of fees of €101,000 from a €396,000 estate held for a widowed client and her three children.

The widow and the solicitor have since agreed on fees of some €28,000, Mr Justice Kelly was told.

On Monday, on consent of Nessa Bird BL, for the Law Society, and Gabriel Gavigan SC, for Mr O’Callaghan, Mr Justice Kelly made several orders.

Those provide that Mr O’ Callaghan surrender his practising certificate to the Society and is prohibited practising or applying for another certificate or holding himself out as a solicitor.

He is also prohibited from involvement with the firm of Kilraine O’Callaghan or with a second firm - against which no allegations have been made and which the judge asked not be named - or any successors to those.

The orders provide the joint practice managers of the Kilraine O'Callaghan firm will be Mr O'Callaghan's daughter Aoife O'Callaghan and Brendan Steen, a solicitor approved by the Law Society.

The orders also provide payments may only be made from the current client account of the firm with sanction of Mr Steen who will also open a separate and distinct client account for the firm and will be the sole signatory on that.

Mr Gavigan said his client agreed to the orders which, he noted, provide the Kilraine O’Callaghan practice will continue under the stewardship of Aoife and Eimear O’Callaghan, solicitors and daughters of Mr O’Callaghan.

On completion of the terms of agreement to the satisfaction of the Law Society, the practice will continue under the stewardship of both women, the court heard.

The orders provide for the protection of clients who will meet Mr Steen about the matters they have raised and he will arrange fee completion and closing out of files.

The court previously heard, in her report on Mr O’Callaghan’s practice, the independent solicitor expressed the opinion the fees charged concerning the child’s estate bore no relation to the work done on behalf of the estate to date and expressed the opinion there was dishonesty involved.

Mr O’Callagan has said he now accepts the fees were excessive but maintains he conducted himself honestly at all times.

Last March, the Society’s Regulation of Practice Committee, having considered the reports into the solicitor’s practice, resolved to refer him to the tribunal for an inquiry into his conduct and authorised the Law Society to apply for an order suspending him from practice pending that inquiry.